Jackson v. State Farm Mut. Auto. Ins. Co.
| Docket Number: | 2001-CA-01683-COA Linked Case(s): 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CA-01683-COA ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-11-2003 Opinion Author: Southwick, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Insurance - Underinsured motorist coverage - Timeliness of notice - Section 83-11-105 - Statute of limitations - Accrual of cause of action - Section 83-9-5(k) Judge(s) Concurring: McMillin, C.J., King, P.J., Thomas, Lee, Irving, Myers and Chandler, JJ. Non Participating Judge(s): Southwick, P.J., and Griffis, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - INSURANCE |
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| Trial Court: |
Date of Trial Judgment: 10-12-2001 Appealed from: Pearl River County Circuit Court Judge: Michael R. Eubanks Disposition: MOTION FOR SUMMARY JUDGMENT GRANTED Case Number: 98-0023 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rebecca L. Jackson and Gary Jackson |
LAMPTON O. WILLIAMS |
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| Appellee: | State Farm Mutual Automobile Insurance Company | BILLY W. HOOD JEFFREY G. PIERCE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Insurance - Underinsured motorist coverage - Timeliness of notice - Section 83-11-105 - Statute of limitations - Accrual of cause of action - Section 83-9-5(k) |
| Summary of the Facts: | Rebecca Jackson was injured when her car was struck in the rear by a car driven by John Bordelon. Jackson's vehicle was insured with State Farm in her husband's name, Gary Jackson. Five years after the event and two years after bringing suit against Bordelon, Jackson gave notice to her own insurance company of a claim for under-insured motorist coverage. The court granted summary judgment in favor of the insurance company, and Jackson appeals. |
| Summary of Opinion Analysis: | Issue 1: Timeliness of notice State Farm argues that Jackson failed to give timely notice of the accident to State Farm, because notice was not given until almost five years after the accident. Notice clauses serve in part to protect the right of the insurer to investigate the events underlying the claim as soon after the occurrence as possible and to seek reimbursement from the tortfeasor. Under the policy issued by State Farm in this case, Jackson’s obligations for seeking underinsured motorist coverage were to let State Farm see the insured car the person occupied in the accident and any property damage and to send State Farm at once a copy of all suit papers if the person sues the party liable for the accident for damages. In addition, section 83-11-105 which requires that the insurance company should be served with the process at the same time the named insured as defined in the policy brings suit against an uninsured motorist does not apply if it is not the named insured who is making the claim. While neither the named insured nor his wife gave notice to State Farm as required, coverage may still be allowed unless the insurer suffered prejudice due to delay. Therefore, the court erred in granting summary judgment, because the question of prejudice remains a fact issue to be considered on remand. Issue 2: Statute of limitations Jackson argues that there is no cause of action until there is an alleged breach of contract, which did not occur until her claim for coverage was denied. Once someone who possesses uninsured motorist coverage knows, or reasonably should know, that the damages he claims to have suffered exceed the limits of insurance available to the alleged tortfeasor, the cause of action against the uninsured motorist carrier has accrued. Pursuant to section 83-9-5(k), no suit may be brought sooner than sixty days after written proof of loss has been given nor later than three years after the proof of loss. If the Jacksons became, or should have become, aware of the shortfall in coverage under the tortfeasor’s policy more than three years before they joined State Farm in this litigation, their suit against State Farm fails. There is insufficient evidence on this summary judgment to state that this issue is beyond factual dispute. |
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